Real Estate Council of Ontario

Transcription

1 Real Estate Council of Ontario 3300 Bloor St. W. West Tower, Suite 1200 Toronto, Ontario M8X 2X2 Tel: Toll Free: Fax: Website: MyWeb: FOR OFFICE USE ONLY Approved By: Date: Registration No.: Scanning Code For office use only Date recieved NEW RST CAT / July 2014 Important: PRINT or TYPE all information in BLACK INK BRANCH OFFICE COMPLETE SECTION A, C & N Application for New / Reinstatement: Brokerage / Branch SECTION A Type of Application: New Registration Reinstatement of Previous Registration Business Name Business Category (Check One): Sole Proprietor Corporation Partnership LTD Branch Trade Style Name (if applicable) Ontario Corporation No. Business Address must be in Ontario (if R.R., give Lot, Concession No & Township) Apt or Suite Business Telephone No. City Province Postal Code Address Fax No. Address for service in Ontario (if different from Business Address. Must be a street address) Apt or Suite Telephone No. City Province Postal Code Address Fax No. SECTION B (Broker of Record) Please provide a Board of Directors Resolution (Page 8) or Partnership Resolution (Page 9) designating the Broker of Record. Last Name Full First Name Middle Name Registration No. SECTION C (Branch Office Only) Branch Address City Province Postal Code Branch Phone No. Head Office Registration No. Branch Manager (Last Name, First Name) Branch Manager Registration No. SECTION D (Sole Proprietors Only) 1. (a) Are you a Canadian Resident who is a Canadian Citizen? (b) Are you a Canadian Resident who is a Landed Immigrant? (If yes, refer to Page 6 for Completion instructions.) 2. Are you, or will you be, engaged or employed in any other business, occupation or profession? (If yes, refer to Page 6 for Completion instructions.) 3. Are you a Partner, Officer, Director or shareholder in any other registered real estate business? (If yes, refer to Page 6 for Completion instructions.) 4. Are you now or have you been involved in personal bankruptcy and/or been an officer, director or majority shareholder of a corporation which has been declared bankrupt or insolvent, or is presently a party to bankruptcy or insolvency proceedings? (If yes, refer to Page 6 for Completion instructions.) 5. Are there any unpaid judgments and/or unpaid debts outstanding against you? (If yes, refer to page 6 for Completion Instructions) 6. Have you had a registration and/or licence or professional status of any kind refused, suspended, revoked, or cancelled and/or have you been involved in any proceeding during which you resigned a registration or licence or professional status of any kind, or are there any proceedings pending? (If yes, refer to Page 6 for Completion instructions.) 7. Are there currently any charges pending, or have you been found guilty, pleaded guilty to, or been convicted of an offence under any law? (If yes, refer to Page 6 for Completion instructions.)

2 Page 2 of 10 SECTION E: (Reinstatement Only) If the applicant answers yes to any of the following questions, refer to page 6 for Completion Instructions. 1. Has there been a change to the location or Trust Account Number of the Real Estate Trust Account and/or has there been a change to the signatory on the Real Estate Trust Account? 2. Has there been a change in officers/directors or voting shareholders of the corporation? SECTION F NOTICE & CONSENT Any person completing and/or signing and/or submitting this form and any attachments or accompanying answers, schedules, documents, records, statements or returns, either written or oral, ( accompanying documentation ) is hereby notified that the Real Estate Council of Ontario ( RECO ) may verify the information on this form or the accompanying documentation, and in so doing, may request or collect additional information from, communicate with, disclose any such information to government and nongovernment bodies (which may include trade associations, designated education organizations and providers, and past, present, and prospective employers). You are notified that any information so collected or communicated will be for purposes that include, but are not limited to: 1. Determining an applicant s eligibility for registration or continued entitlement to registration under the Real Estate and Business Brokers Act, 2002 and its regulations and including any amendments or successor legislation ( REBBA 2002 ), ensuring compliance under REBBA 2002, dealing and/or handling complaints and inquiries under REBBA Purposes consistent with the Safety and Consumers Statutes Administration Act, 1996 and its regulations, RECO s purposes and obligations under the Canada Corporations Act and its regulations, RECO s Letters Patent and its corporate by-laws, and the Administrative Agreement, 3. For any other purpose consistent with the administration of REBBA 2002, consumer protection, protecting the public, and/or verification of an applicant s association or membership with trade/professional associations, registration history, including status, dates, employer s name and business address. I understand and consent that as part of the above process, RECO may, at any time and from time to time, make inquiries and/or obtain searches of government, regulatory, discipline, or law enforcement records and databases, a record of offences, a record of judgments, financial institution records, or consumer reports. I further understand and consent that, RECO may, at any time and from time to time, during my registration cycle make additional inquiries and/or obtain additional searches of government, regulatory, discipline, or law enforcement records and databases, a record of offences, a record of judgments, financial institution records, or consumer reports. I am aware that RECO is obligated to disclose information in accordance with law and is bound by REBBA 2002, including sections 44 and 48 of REBBA 2002 and sections 11 and 27 of the Regulation (General) under REBBA By completing or signing or submitting this form and any of the accompanying documents, I consent to RECO verifying, requesting, collecting, communicating, disclosing, using, and maintaining such information in the manner provided above. If you have any questions concerning the collection or disclosure or use of any information, please contact RECO. SECTION G (Corporations Only) Please complete Equity Share structure. Refer to page 6 for Completion Instructions. Name of Person(s) who Beneficially Owns or Controls 10% or More of Equity Shares Name of Shareholder(s) of Record, if different Percentage of Votes Beneficially Owned or Controlled by each person Total:

3 Page 3 of 10 SECTION H (Partnership Only) Please complete Ownership Interest structure. Refer to Page 6 for Completion Instructions Name of Person(s) who Beneficially Owns or Controls 10% or More of the Ownership Interest RECO Registrant # (if applicable) Percentage of Ownership Interest Beneficially Owned or Controlled by each person SECTION I Provide the trust account number, name and address of the Bank or Financial Institution where a Real Estate Trust Account will be maintained and in which will be deposited all monies received by the applicant in trust for others, in connection with the business. Also provide a copy of the Real Estate Trust Account signature card on file with the same Bank or Financial Institution. Name of Bank or Financial Institution Street (Number & Name) City Postal Code Real Estate Trust Account No. SECTION J TO BE COMPLETED BY EACH OFFICER/DIRECTOR OF THE CORPORATION OR EACH PARTNER OF A PARTNERSHIP Please review the Completion Instructions on Page 7, before answering YES or NO to the following questions. The following questions must be answered by each Officer/Director of a Corporation or each Partner of a Partnership. If you answer yes to any question and have not previously disclosed in writing, you must do so now. All officers/directors and partners must supply a current (must be dated within 6 months of submission of application), original Canadian Criminal Record Check. (Refer to page 7 for Completion Instructions) Registration No. Partner: General Managing Last Name Full First Name Middle Name Position Held in Company Birth Date Sex: Year Month Day Male Residential Address (if R.R., give Lot, Concession No. and Township) (Street Number & Name) Female City Province Postal Code Phone No. Fax No. Address 1. Are you a Partner, Officer, Director or shareholder in any other registered real estate business? (If yes, refer to page 7 for Completion Instructions) 2. Are you now or have you ever been involved in personal bankruptcy and/or been an officer, director or shareholder of a corporation which has been bankrupt or insolvent, or is presently a party to bankruptcy or insolvency proceedings? (If yes, refer to page 7 for Completion Instructions) 3. Are there any unpaid judgments and/or unpaid debts outstanding against you? (If yes, refer to page 7 for Completion Instructions) 4. Have you had a registration and/or licence or professional status of any kind refused, suspended, revoked, or cancelled and/or have you been involved in any proceeding during which you resigned a registration or licence or professional status of any kind, or are there any proceedings pending? (If yes, refer to page 7 for Completion Instructions) 5. Are there currently any charges pending, or have you been found guilty, pleaded guilty to, or been convicted of an offence under any law? (If yes, refer to page 7 for Completion Instructions) WARNING - IT IS AN OFFENCE TO PROVIDE FALSE INFORMATION ON THIS APPLICATION. Name (Please Print) Signature Title (Please Print) Date

4 Page 4 of 10 SECTION K The following questions must be answered on behalf of the Corporation or Partnership. Please review the Completion Instructions before answering YES or NO to the following questions. If you answer yes to any question and have not previously disclosed in writing, you must do so now. Refer to Page 7 for Completion Instructions. Last Name Full First Name Middle Name Position Held in Company Birth Date Sex Registration No. YEAR MONTH DAY Male Female Residential Address (if R.R., give Lot, Concession No. and Township) (Street Number & Name) City Province Postal Code Phone No. Fax No. Address 1. Is the Corporation or Partnership a Partner, Officer, Director or shareholder in any other registered real estate business? (If yes, refer to page 7 for Completion Instructions) 2. Has the Corporation or Partnership now or has the Corporation or Partnership ever been involved in bankruptcy or insolvency proceedings and/or been a major shareholder of a Corporation or Partnership which has been bankrupt or insolvent; or is presently a party to bankruptcy or insolvency proceedings? (If yes, refer to page 7 for Completion Instructions) 3. Are there any unpaid judgments and/or unpaid debts outstanding against the Corporation or Partnership? (If yes, refer to page 7 for Completion Instructions) 4. Has the Corporation or Partnership had a registration and/or licence or professional status of any kind refused, suspended, revoked, or cancelled and/or has the Corporation or Partnership been involved in any proceeding during which the Corporation or Partnership resigned a registration or licence or professional status of any kind, or are there any proceedings pending? (If yes, refer to page 7 for Completion Instructions) 5. Are there currently any charges pending, or has the Corporation or Partnership been found guilty, pleaded guilty to, or been convicted of an offence under any law? (If yes, refer to page 7 for Completion Instructions) WARNING IT IS AN OFFENCE TO PROVIDE FALSE INFORMATION ON THIS APPLICATION. Name (Please Print) Signature Title (Please Print) Date

5 N/A Please check, the N/A box if this section does not apply Important: PRINT or TYPE all information in BLACK INK SECTION L (Interested Persons) Please list any Interested Person(s) as identified in Section 10(4)(a), (b) & (c) of the REBBA, Refer to page 7 for Completion Instructions. Name of Interested Person Date of Birth Residence Address Year Month Day Page 5 of 10 N/A Please check, the N/A box if this section does not apply SECTION M (Associated Persons) Please list any Associated Person(s) as defined in Section 1 (2) of the REBBA, Refer to page 7 for Completion Instructions. Name of Interested Person Date of Birth Residence Address Year Month Day SECTION N This form must be signed by the sole proprietor, partner, director, officer, or broker of record of the applicant. The undersigned hereby certifies that he/she is fully authorized to bind the applicant and is authorized to sign this application on behalf of the applicant. The undersigned hereby certifies that he/she has fully examined all of the information given on this application (including any attachments), and all such information is, to the best of his/her knowledge, true, correct and complete, and hereby requests the registration be granted. WARNING IT IS AN OFFENCE TO PROVIDE FALSE INFORMATION ON THIS APPLICATION Name Signature Title Date

6 Page 6 of 10 COMPLETION INSTRUCTIONS SECTION D Question 1 (b) If you answered yes, you must submit a copy of your Landed Immigrant Status papers, IMM1000 or a copy of your Permanent Resident cards (copy of front and back). Question 2 If you answered yes, the information required includes: 1. The full name of the business as well as the position held and the nature or description of the business, occupation or profession. 2. If the other employment involves activity that falls under the definition of trade found in the Act, you must provide a copy of the complete job description supplied by the employer. Question 3 If you answered yes, you must submit full particulars on a signed and dated statement. Question 4 If you answered yes, you must submit full particulars on a signed and dated statement, along with a copy of the following documents: Form 69: Assignment of Bankruptcy Form 79: Statement of Assets, Liabilities Form 65: Monthly Income & Expense Statement Form 84: Certificate of Discharge (If applicable) Question 5 If you answered yes, you must submit a copy of each judgment and other such documents pertaining to outstanding debts against you (example; garnishments, requirements to pay, writs of execution etc.). State the amount outstanding and repayment arrangements on a separate sheet. You must also submit full particulars regarding the circumstances that lead to the matter(s) on a signed and dated statement. Question 6 If you answered yes, you must submit full particulars on a signed and dated statement. A driver s abstract may be required in the case of a suspension. Question 7 All new applicants and reinstatements over 60 days must submit a current, original Canadian Criminal Record Check (must be dated within 6 months of submission of application) as well as anyone that answers yes. If yes is indicated individuals must also submit the full particulars on a signed and dated statement. This does not include municipal parking violations or minor Highway Traffic Act offences unless your driver s license was suspended. This includes a charge where a conditional discharge or an absolute discharge has been granted. COMPLETION INSTRUCTIONS SECTION E (For Reinstatement Only) 1. If the answer is yes, please provide: a. The reconciliation of the previous Real Estate Trust Account along with a statement from the Bank or Financial Institution attesting to the balance at the time of closing the previous account. b. The name and address of the new Bank or Financial Institution, the Real Estate Trust Account number and opening balance of the new Real Estate Trust Account with a copy of the Real Estate Trust Account signature card on file with the same Bank or Financial Institution. 2. If the answer is yes, please submit a copy of the Corporate Minutes, the Resolution and Transfer of Shares and a copy of the Official Notification filed under the Corporations Information Act with the Ministry of Government Services. COMPLETION INSTRUCTIONS SECTION G For the purposes of this section you must identify the name of each person who beneficially owns or controls 10% of more of the equity shares issued and outstanding, or any persons that are associated with each other, that together, beneficially own or control 10% or more of the equity shares issued and outstanding. The percentage of votes beneficially owned or controlled means the percentage of total votes attached to all equity shares issued and outstanding of the corporation held by each person. COMPLETION INSTRUCTIONS SECTION H Where the partners are not individuals, but corporations, copies of the Articles of Incorporation for each corporation that is a partner are required (please attach to application form). Indicate the percentage of ownership interest beneficially owned or controlled by each person.

7 Page 7 of 10 Question 1 Question 2 Question 3 Question 4 COMPLETION INSTRUCTIONS SECTIONS J & K If the applicant answered yes, please submit full particulars on a signed and dated statement. If the applicant answered yes, please submit a complete copy of the assignment, list of creditors and discharge papers. If the applicant answered yes, please submit a copy of each judgment and other such documents pertaining to outstanding debts against you (example: garnishments, requirements to pay, writs of execution etc.) State the amount outstanding and repayment arrangements on a separate sheet. You must also submit full particulars regarding the circumstances that lead to the matter(s) on a signed and dated statement. If the applicant answered yes, please submit full particulars on a signed and dated statement. A drivers license abstract may be required if there was a suspension. Question 5 All applicants must submit a current, original Canadian Criminal Record Check (must be dated within 6 months of submission of the application) as well as anyone that answers yes. If yes is indicated individuals must also submit the full particulars on a signed and dated statement. This does not include municipal parking violations or minor Highway Traffic Act offences unless your drivers licence was suspended. This includes a charge where a conditional discharge or an absolute discharge has been granted. COMPLETION INSTRUCTIONS SECTION L (Interested Person) A person is deemed to be an interested person in respect of another person where the person may have a beneficial interest in the other person s business, exercise direct or indirect control over the other person, or has provided financing directly or indirectly to the other person s business. Section 10(4) of the REBBA 2002 defines interested person as follows: 10. (4) For the purposes of this section, a person shall be deemed to be an interested person in respect of another person if the person is associated with the other person or if, in the opinion of the registrar,(a) the person has or may have a beneficial interest in the other person s business;(b) the person exercises or may exercise control either directly or indirectly over the other person; or(c) the person has provided or may have provided financing either directly or indirectly to the other persons business. Please note that a recognized financial institution that has directly supplied financing to a brokerage business should not be disclosed as an interested person but any other person who has directly or indirectly supplied financing must be disclosed. COMPLETION INSTRUCTIONS SECTION M (Associated Persons) Please identify in writing the association between the parties listed in Section M. The REBBA 2002 defines associated persons where one person is associated with another person in any of the following circumstances: 1.(2) For purposes of this Act, one person is associated with another person in any of the following circumstances: 1. One person is a corporation of which the other person is an officer or director. 2. One person is a partnership of which the other person is a partner. 3. Both persons are partners of the same partnership. 4. One person is a corporation that is controlled directly or indirectly by the other person. 5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation. 6. Both persons are members of the same voting trust relating to shares of a corporation. 7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person. ERRORS & OMMISSIONS (Sole Proprietors Only) Failure to pay the Errors & Omissions Insurance that will be invoiced to you will be a breach of REBBA 2002 and will result in the loss of registration under REBBA 2002 and your right to trade in real estate. REGISTRATION FEES Payment can be made by Cheque, Bank Draft, Money Order, Visa or MasterCard, made payable to the Real Estate Council of Ontario. (DO NOT SEND CASH BY MAIL) FEES: Brokerages / Branch $350. There will be an additional service charge of $35 for any returned cheques. IF FURTHER ASSISTANCE IS REQUIRED PLEASE CONTACT RECO AT OR TOLL FREE AT PLEASE registration@reco.on.ca or FAX THE COMPLETED APPLICATION

8 Page 8 of 10 CORPORATE RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF (the Corporation ) (fill in name of corporation as registered with RECO) BE IT RESOLVED THAT: In accordance with the requirements of section 12 of the Real Estate and Business Brokers Act, 2002 (the Act ), whereas the Corporation s registration number with RECO is : 1. is hereby designated as the Broker of Record for the (fill in name of Broker of Record to be registered with RECO) (leave blank if new application) Corporation and is employed as the Broker of Record by the Corporation effective ; DATE 2. the Corporation shall immediately notify the Registrar (the Registrar ) under the Act of the identity of this Broker of Record and thereafter shall notify the Registrar if the Broker of Record changes, within five days of the change; and 3. As of DATE the Corporation delegates to the Broker of Record named in this Resolution the full power and authority to ensure that the Corporation complies with the Act and its regulations. Enacted this day of, 20. Witness the seal of the Corporation Name: Title: Authorized Signing Official Name: Title: Authorized Signing Official

9 Page 9 of 10 PARTNERSHIP RESOLUTION RESOLUTION OF THE PARTNERS OF (the Partnership ) (fill in name of the partnership as registered with RECO) BE IT RESOLVED THAT: In accordance with the requirements of section 12 of the Real Estate and Business Brokers Act, 2002 (the Act ), whereas the Partnership s registration number with RECO is : (leave blank if new application) 1. is hereby designated as the Broker of Record for the (fill in name of Broker of Record to be registered with RECO) Partnership and is employed as the Broker of Record by the Partnership effective ; 2. the Partnership shall immediately notify the Registrar (the Registrar ) under the Act of the identity of this Broker of Record and thereafter shall notify the Registrar if the Broker of Record changes, within five days of the change; and 3. As of the Partnership delegates to the Broker of Record named in this Resolution the full power and authority to ensure that the Partnership complies with the Act and its regulations. Enacted this day of, 20. Witness the seal of the Corporation Name: Title: Authorized Signing Official Name: Title: Authorized Signing Official

10 Real Estate Council of Ontario 3300 Bloor St. W., West Tower, Suite 1200 Toronto, Ontario M8X 2X2 Tel: Toll Free: Fax: Website: MyWeb: Updated July 2014 Important: PRINT or TYPE all information in BLACK INK CREDIT CARD PAYMENT PLEASE NOTE THAT INCOMPLETE CREDIT CARD PAYMENT FORMS CANNOT BE PROCESSED. PLEASE ENSURE THAT ALL FIELDS ARE COMPLETED IN FULL TO ENABLE US TO PROCESS YOUR APPLICATION. PAYMENT INFORMATION Name(s) of applicants Registration number Fee CREDIT CARD INFORMATION Check appropriate box: VISA MASTERCARD Cardholder s name: Card No Expiry Date: / Month Year Signature: Date: Please note: the address provided on this form will replace the one currently on file with the RECO (if applicable) and will be utilized as the primary address for all future electronic communications. Should you wish to amend the address in the future you may do so by visiting My Web and making the necessary amendments. Real Estate Council of Ontario Tel: Toll Free: Fax: registration@reco.on.ca